Criminal Procedure Code, 1973, Section 219, 221, 212 -- Joint trial - When several offences are alleged to have been committed by several accused persons the normal rule is of separate trials...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221 -- Joint trail - Fodder scam - It cannot be said that defalcation is same transaction as transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers - Provisions of S.221 of Cr.P.c..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Joint trail - Fodder scam - There was conspiracy hatched which was continuing one and has resulted into various offences - It was joined from time to time by different accused persons, so..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300 -- Joint trial - Modus operandi being same would not make offences, single offence when offences are separate...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family property - Initial burden lies upon member who alleges that property is joint family property - If initial burden is proved, burden shifts to member of joint family setting up claim that it is his/her personal property...........
Joint family property -- If property standing in name of female member of joint family, she need not prove as to how she acquired it...........
Joint family property -- Existence of joint family does not lead to presumption that property held by any of its members is joint family property unless it is proved that property was purchased from joint family nucleus...........
Partition -- Joint family property - No evidence on record that properties in question were purchased out of joint family nucleus - Properties standing in name of mother of plaintiffs - Nothing on record to show that properties were purchased from income of their father - Plaintiff failed to prove that properties were joint family property - Thus, plaintiff is not entitled..........
Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........
